What can I use legally,when producing a film with live music

BHayden
Member

I'm working on a documentary for a contest. Basically there is a deadline and I had nothing that fit their criteria or didn't own 100% of the rights for some of my projects. So I decided to do a short documentary on myself in regards to the stuff I've shot over the years. Some of my footage includes
live bands that I want to include. And some of this stuff is cover tunes.
My question is, can I use short 10-20 sec. clips and use a release form to cover legalities?

Posted 5 years ago #
compusolver
Member

Try this link:
http://www.umuc.edu/library/copy.shtml

Off the top of my head, I'd think that if the focus is not on the band/music, but the music is there only as background or to illustrate something, if less than 10% of the song is played, and if the purpose of your video is for a one-time event (i.e.: your contest), then you may be alright under the fair usage provisions. But I am not an attorney, nor have I played one on TV, so do your homework.

Posted 5 years ago #
elderban
Member

Well I'm guessing since you've shot these bands in the past that you got a release from them when you did it originally? If so, then you should be ok to use the clips. As far as them singing other peoples music, that would be their problem, IMHO.

But like compusolver said, be sure to do your homework.

Posted 5 years ago #
compusolver
Member

As far as them singing other peoples music, that would be their problem, IMHO.

Actually, that is not the case. The burden of obtain proper releases, etc. does not fall down the line to the person doing the performance, although they may also be liable, it does not clear the producer of material made from their performance.

Posted 5 years ago #
elderban
Member

I've worked on music shows in the past and the only thing the producer ever got was a release from the band...and these were shows that aired on television.

Of course, this was 15 years ago, and I'm sure laws have changed since then.

Posted 5 years ago #
PEARLCOPPER
Member

I'd suggest to use the visuals ( your picture) with other music... try mine.
There is a 'Rhythm of time' song link at http://www.geocities.com/sopera34

mark @ PEARLCOPPER

Posted 4 years ago #
compusolver
Member

I've worked on music shows in the past and the only thing the producer ever got was a release from the band...and these were shows that aired on television. - Elderban

They may have been OK doing that because the fair-use and some other copyright-related restrictions are loosened somewhat for one-time performances and those with deadlines.

Posted 4 years ago #
pinups4
Member

technically, they can screw you. Likely, the band didn't get release to do the music, neither did the venue. Definitely, they didn't get it for recording or distribution. So you recorded a (likely) illegal performance.

ASCAP probably won't bother you (I'm also not an attorney) but they COULD

There are "fair use" clauses that might provide a loophole,and ultimately it's not for profit but for a contest

add end credits giving credit to the original producer and label

Posted 4 years ago #